France’s Influence Act establishes clear rules for influencer marketing, protecting consumers and ensuring fair competition. The France influencer act defines obligations for influencers, agents, and advertisers, covering transparency, prohibited promotions, contracts, and liability. Understanding these influencer regulations is essential for anyone engaging in online promotional activities targeting the French market.
France's Influence Act of 9 June 2023
France has positioned itself as a pioneer in influencer regulations with the adoption of the Influence Act in France on 9 June 2023. This law was introduced to address the risks linked to influencer marketing, setting clear rules for influencers, their agents, and the brands that work with them.
Background and Adoption of the Act
The France Influencer Act emerged in response to the rapid rise of influencer marketing, where promotional practices often lacked transparency and consumer protection. Its main objectives are to safeguard consumers, particularly minors, and to ensure fair competition between businesses operating in the digital economy.
Defining Influencers and Influencer Agents
The law provides an official definition of both influencers and influencer agents, making their roles and responsibilities explicit.
- Influencers are defined as individuals or legal entities who, in exchange for payment or benefits, use their reputation to share online content that directly or indirectly promotes goods, services, or causes.
- Influencer agents are those who, also for consideration, represent influencers in their commercial activities, negotiating agreements and collaborations with brands or organizations.
In addition, the Act introduces a specific status for child influencers. This provision builds on the law of 19 October 2020 regulating the commercial exploitation of children under sixteen on online platforms. It not only protects minors involved in influencer marketing but also guarantees the preservation of their income.
Main Provisions of the France's Influence Act
Mandatory Written Contracts
Under the Influence Act, all agreements between influencers, their agents, and advertisers must be formalized in writing. These contracts should clearly outline the roles, responsibilities, remuneration, and legal obligations of each party. Although no official decree has set an exemption threshold, written contracts are currently required for all collaborations, regardless of audience size or payment.
Transparency of Sponsored Content
The Influence Act in France places strict rules on sponsored content. Influencers must label such content clearly using terms like “advertisement” or “commercial collaboration”. Content modified with filters or AI tools must also carry labels such as “edited image” or “virtual image” to ensure transparency for audiences.
Bans on the Promotion of Certain Products
Certain types of promotions are strictly prohibited under French influencer regulations. This includes advertising:
- Gambling or other activities with high
- Plastic surgery and aesthetic medicine (Including all actions, interventions, procedures, techniques, or methods related to cosmetic treatments_
- Therapy substitutes (Products, procedures, or methods presented as comparable, preferable, or substitutable to medical therapy)
- Risky Financial products and services (Especially cryptocurrencies and other high-risk investment instruments.)
- Nicotine products (This includes electronic cigarettes, “IQOS” style heated tobacco devices, and similar products.)
- Services such as sport coaching subscriptions or predictive sports forecasts.
Influencers located outside France who promote any of the prohibited products or services listed above will have their content blocked for breaching the influence act in France. The France influencer act ensures that these influencer regulations apply to all content targeting the French audience, regardless of where the creator is based.
Liability and Penalties
Joint and Several Liability
Influencers, their agents, and advertisers can be held jointly and severally liable for any breaches or consumer harm arising from influencer marketing. This shared responsibility ensures that all participants adhere to the influence act in France and maintain high compliance standards.
Types of Penalties
Violating the law can result in severe consequences, including fines of up to €300,000, imprisonment, temporary bans from promoting products, and additional compliance obligations. For example, an influencer who fails to meet transparency or content rules may face both financial penalties and restrictions on future promotional activities.
The Order of 6 November 2024
The Order of 6 November 2024 introduced targeted updates to the France’s Influence Act, aligning national rules with EU directives, particularly on unfair commercial practices. These amendments refine transparency obligations, penalties, and territorial requirements for influencers and their agents.
Rewriting of Provisions on Commercial Intent
The order clarifies how influencers must disclose commercial intent. Sponsored content must now explicitly indicate its commercial nature, ensuring consumers are fully informed when content is paid for.
Clarification of Applicable Penalties
The wording of sanctions has been refined to improve understanding and enforcement. Penalties may include fines, temporary bans on promotional activities, and additional compliance obligations. These adjustments make the influencer regulations more precise and actionable.
More Flexible Rules for Edited and Virtual Images
Disclosure requirements for content modified with filters or AI tools have been made more flexible. The updates aim to ensure proportionality and sustainability, taking into account rapid technological changes and European AI regulations. Influencers must still clearly label edited or virtual images for their audience.
Adjustments to Article 9 on Territoriality
Article 9 now specifies that the influence act in France applies to individuals and entities targeting the French public. Influencers based outside the EEA or Switzerland must also maintain professional liability insurance within the EU, ensuring accountability across borders.
Influencer Liability for Non-Conforming Purchases or Non-Delivery
Under France’s influence act, influencers are generally not liable for defective products or non-delivery when promoting partner brands. Purchases occur directly on the brand’s website, making the brand responsible for orders.
Legal action against an influencer is only possible for unfair or misleading commercial practices under EU Directive 2005/29/EC. However, if the influencer owns their own brand, their company is directly liable for any order issues. Always contact customer service rather than the influencer on social media.
To learn more about dropshipping laws in France, consult our dedicated blog post.
Compliance with the France’s influence act is crucial for influencers, their agents, and advertisers. By following the influence act in France and related influencer regulations, including proper disclosure, avoiding prohibited products, and clear contracts, content creators can protect consumers, reduce legal risks, and build trust while operating successfully in France’s digital marketing landscape.